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HomeMy WebLinkAboutMINUTES - 01152008 - C.10 (4) ` CLAiM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY f .10 BOARD ACTION. JANUARY 15, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), DEC 13 2007 given Pursuant to Government Code AMOUNT: $7,500.00Section 913 and 915.4. Please note all r7UNT`(C;Ot "' ��,� "Warnings". �RTi" :. ._.. . CLAIMANT: LINTON MCNEAL, JR. ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 13, 2007 ADDRESS: 2901 CENTER STREET, BY DELIVERY TO CLERK ON: DECEMBER 13, 2007 RICHMOND, CA 94804 BY MAIL POSTMARKED: DECEMBER 12, 2007 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DECEMBER 13, 2007 JOHN CULLEN, C rl Dated: By: Deputy 11. FROM.: County Counsel TO: Clerk of the Board of Supervisors O This claim complies substantially with Sections 910 and 910.2. ( • his Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: '� _ �'.� J By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (]) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3), IV BOARD ORDER: By unanimous vote of the Supervisors present: . (v This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the'Board's Order entered in its minutes for this date. Dat HN CULLEN, CLERK, By Deputy Clerk WA iNG (Q&. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of'an attorney of your choice in connection with this matter, fl'you want to consult an attorney,you should do so immediately. *For Additional Warring See Reverse Side of flils Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certifled copy of this Board Order and Notice to Claimant, addressed to tate claimant as shown above. Dated. 1 JOHN CULLEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL SILVANO B. MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building :"— —�'•�. 651 Pine Street, 91h Floor �� —;. SHARON L. ANDERSON Martinez, California 94553-1229 'J ;, CHIEF ASSISTANT (925)335-1800 A� 111`1�11 . .4 ` GREGORY C. HARVEY (925)646-1078(fax) CIS VALERIE J. RANCHE � � �� n ASSISTANTS �OsrA COUK� NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Linton McNeal, Jr. 2901 Center Street Richmond, CA 94804 RE: CLAIM OF: LINTON McNEAL, JR. Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [X] 6. The claim is not signed by the claimant or by some person on his or her behalf. Linton McNeal, Jr. Re: Claim of Linton McNeal Jr. Page Two [ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [ ] 8. Other: SILVANO B. MARCHESI COUNTY COUNSEL By: t-,W)aluk q,�W� Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business addres is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On �2 'b -7 -,I served a true copy of this Notice of Insufficiency and/or Non- Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Linton McNeal,Jr. 2901 Center Street, Richmond, CA 94804, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed ort P- )-Y-' D7 at Martinez, California. Z�"e,-&D" �"�� Kathleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be.presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk. Qf_.tbr-_B13t.Ld..E.0 iso , at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the .name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each. public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. soma a as to to lafa f a a a a u■ an t a ata so Room 5 aaataaaaaa aaa a R a a aaa aataaJaaaa a a its aaa a s ca ai RE: Claim By: Reserved for Clerk's filing stamp MR. LINTON MCNEAL jr. ) 2901 CENTER RICHMOND..CA. 94804. ) RECEIVED Against the County of Contra Costa or ) DEC 1 3 2001 CONTRA COSTA COUNTRY/RICHMOND HE TH. �ENTER DR PRTS('TT T TD an It istnC CLERK BOARD OF SUGERVISORS (Fill in the name) ) CONTRA COSTA CO. 100 38 STRFFT RT!'NWtnrtn GA 94 8 The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district is the sum of$ 7, 5 0 0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 10/12/07 AM 2. Where did the damage or injury occur? (Include city and county) 2901 CENTER street Richmond CA. 94804 CONTRA COSTA COUNT 3. How did the damage or injury occur? (Give full details;use extra paper if required) BREAKS IN 14EDINCATION /THERAPEMTIC LEVELS/OPTIMUM TREATMENT 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? BREACH OF CONTRACT /PATICENS RIGHTs /MEDICAL/CO Pay THUR MEDICAL INSURANCE CARRIER ADDICNAL ANSER AND INFORMATION ON PAGE #3""" 5 What are the names of county or district officers, servants, or employees causing the damage Or injury? DR.PRISCILLIA HINMAM. THEASA HERANDEZES /PPTICES COORDINATOR MEDICAL RECORDS STAFF/ WINDON #3 ECT. . . g. What damage or injuries do your claim resulted? (Give jell extent of injuries or damages claimed. Attach two estimates for auto damage.) BODIY INJURIES FROM METHADOME/WITHDRAWARS ASWELL/SOMA WITHDP.AWARS ANSER ON ADDICNAL PAGE. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage,) BREAKS MEDICATION CAUSE BODLY INJURIES DAMAGES /LOSS WAGE /MISSING DAYFROM SCHOOL/ect. . 3 TIMES WAGE / PAIN SUFFERING. CENTRAL PHARMACY /BOB/PHAMACIES 8. Names and addresses of witnesses, doctors, and hospitals: CHILDRER /MOTHER /ect. . . 9. List the expenditures you made on account of this accident or injury: DATE TIME E�MOUNT 1 ()/19/07 WAGE LOSS 6:00 PM 22;00 PER HOUR TIME 12 DAILY ONE WEEK. ■ MR 111111911111 .a■ass■a MR a Italian a a■■a s a stigmas 1111s s s■a s Elton s s s s n s s s e s 1111111119111911119s a Man s a a a s s s a at .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf:" SEND NOTICES TO: (Attorney) Name and address of Attorney ) (Claimant's Signature) 2901 CENTER STREET RICHMOND CA. 94804 ) (Address) � sAME. . ,_ Telephone No.CELL 51 0)943-2073 )Telephone No. MES SAEEZ�Z)_ 4 Q A ■a s i l s a!s a s a RREM ago s■ass a E ■a l s l a[l t s t s a a l a Big Ratio a a a s a t s a a s a a s a.s s.a a Sam s Man MR a.s a a a l PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. . ......,..aaaaaa■aa ■ saaa ■ ■ .aaa.■s.....loans man Ban■ssaa■gas aaaasasaaaaRoom .aasassaaaa� NOTICE: Section 73 of the Penal Code provides: Every person vvho, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any count��, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. Nanative (continued) Answer to Question #3- Break medication which the foll owing will occur: Nausea, vomiting, chills, flu like synm toms muscle cramps, headache, obsessive bowel movement compliancy sus- tained drug/blood levels for therapeutic levels for optumum treat ment peaks and vallets steady state. Answer to Question #5- The problem with the Contra Costa Health Care system is that due to the inhouse pharmacy closing over 2 and 1 /2 years ago and there is no administration for solving pro- ems on patients rights for quality health care. The system was pur in p ace but it doesn' t work. Staff members know this as well as administration personnel but due to budget cuts and the incompetence of new - handeling of patient files, as well as the patient care coordina- tors case overload etc. patients are suffering as well as their rights to quality health care clearly violating patient co-pay medical contract with ending solutions being severe consequences o the patient. Witness Name (Last, First, Middle) Address City/ZIP Phone (Include Area Code) Complainant's Signature Date X d }� (z z < ui SJ o � cr L,l'•..h� o rL�v ov. _ a:rr llz�j :.